1-130 Question

N

neeba manoj

Guest
Hello

I am a green card holder..After marriage I came to US on 2007 and my husband he is on H1B visa status...His visa status will expire on April 2011...My question is do I need to apply I-130 along I-485?

Pls help me
 
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You just need to file I-130 for him, and after your PD becomes current then you file the I-485. It's pretty fast for GC holder spouse PD becoming current these days and is just taking 4-5 months, file immediately so his PD would become current before his status expires in April 2011.
 
neeba manoj said:
Hello

I am a green card holder..After marriage I came to US on 2007 and my husband he is on H1B visa status...His visa status will expire on April 2011...My question is do I need to apply I-130 along I-485?

Pls help me
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You fall in F2A categrary (Spouse of GC holder). Right now PD is June 2010. So it's not current so you can not file I130/I485 together. You can file right now I-130 and once date become current you file I-485. This is what I read on this forum similar to your case and when date become current he could file I485.
 
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Once the PD becomes current let's suppose March of 2011, you will file I-485 at that time once I-485 is filed his overstay is protected by virtue of a filed I-485.
After I-485 is filed it will take 60-120 days for a adjustment of status interview appointment at your local USCIS office, he will also be eligible to file a new EAD and a AP if needed at the time I-485 is filed.
 
namecheckvictim said:
Once the PD becomes current let's suppose March of 2011, you will file I-485 at that time once I-485 is filed his overstay is protected by virtue of a filed I-485.
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But if his H1B status expires (without extending his status) before the PD becomes current, he will not be eligible for the I-485 and he will have to leave the US and pursue the GC at a consulate when the PD becomes current.
 
neeba manoj said:
I am a green card holder..After marriage I came to US on 2007 and my husband he is on H1B visa status
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You got married before entering the US as a permanent resident? Then why didn't he get a green card along with you in 2007? How did you obtain your green card ... who filed for you, a relative or employer? Which relative?
 
Jackolantern said:
You got married before entering the US as a permanent resident? Then why didn't he get a green card along with you in 2007? How did you obtain your green card ... who filed for you, a relative or employer? Which relative?
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Through my relative, I got my green card. Yes...its true before my marriage I got GC.
 
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Jackolantern said:
You got married before entering the US as a permanent resident? Then why didn't he get a green card along with you in 2007? How did you obtain your green card ... who filed for you, a relative or employer? Which relative?
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Jack I think she got her GC before her marriage.
 
neeba manoj said:
I am a green card holder..After marriage I came to US on 2007 ...
Click to expand...

neeba manoj said:
Yes...its true before my marriage I got GC.
Click to expand...

So which one is the true story? You got married before the green card, or got the green card before marriage? And which relative filed for you ... parent, child, or sibling?

Can you list the order of these events ... which happened first, second, and third:
- got immigrant visa approved at the consulate
- got married
- entered the US with the immigrant visa

We are trying to figure out the best options to bring your husband, but we need to know the relevant facts.
 
i got the GC through my uncle(fathers brother) in 2004...at that time I was studying in India...i came to us every 6 months from 2004 onwards... I got married in 2007 and my husband was on F1visa at that time ..and he got h1b on 2008
 
You go ahead and file an I-130 and IF his employer is pursuing an employment based visa that's OK, too. He could then adjust on which ever becomes current first.
 
Today I am going to mail my package:

* I-130

*G-1145
*Form I-130
*Front and back of GC
* Copy of marriage certificate
*2 Passport photos of petitioner and beneficiary (1 each): Print names on back
* 2x G-325A (One petitioner, one beneficiary)
*Birth Certificate of child born to us
*Copy of Marriage Certificate
*Photocopy of documentation showing co-mingling of financial resources.
*Check $355 payable to U.S Department of Homeland Security.


Pls check anyone if this is correct.
 
Hello:

I send the I-130 form on Nov 2 and the UPS deliver on Nov 3 at USCIS , Chicago, IL.

So whts the next step?

How many days the USCIS will take my cash to withdraw?
 
The petition will be sent from Chicago to the USCIS Service Center that has jurisdiction over your place of residence for eventual adjudication. USCIS adjudicates petitions and applications in a "first in-first-out" fashion so processing times vary by volume of filings by form types. Processing timeframes are listed on the uscis.gov website for the Service Centers and local offices. You can check to get an idea of the timeframe for your case.
 
So that means they willnot take the cash immediately..
 
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